S-1730.1  _______________________________________________


                         SENATE BILL 5943



State of Washington      55th Legislature     1997 Regular Session


By Senators Prentice, Finkbeiner, McAuliffe, Strannigan, Goings, Bauer, Kline, Wojahn, Wood, Schow and Rasmussen


Read first time 02/20/97.  Referred to Committee on Financial Institutions, Insurance & Housing.

Registering mobile home parks.

    AN ACT Relating to registration of mobile home parks; adding a new chapter to Title 18 RCW; and prescribing penalties.




    NEW SECTION.  Sec. 1.  The purpose of this chapter is to establish a registration program for mobile home parks in the state.


    NEW SECTION.  Sec. 2.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Department" means the department of community, trade, and economic development.

    (2) "Director" means the director of the department of community, trade, and economic development.

    (3) "Mobile home park" has the same meaning as in RCW 59.20.030.


    NEW SECTION.  Sec. 3.  A mobile home park shall not operate in this state without first registering with the department to do business as a mobile home park on a form approved by the department.


    NEW SECTION.  Sec. 4.  The department has the power to enforce and ensure compliance with the provisions of this chapter relating to the registration of mobile home parks.


    NEW SECTION.  Sec. 5.  If the department has reasonable cause to believe that a violation of this chapter has occurred, the department may institute enforcement proceedings in its own name against any mobile home park owner as follows:

    (1) The department may issue an order requiring the owner to cease and desist from the unlawful practice and take such affirmative action as in the judgment of the department will carry out the purposes of this chapter;

    (2) The department may bring an action in superior court for declaratory relief or injunctive relief; or

    (3) The department may impose a civil penalty against an owner for any violation of this chapter that does not exceed one thousand dollars per violation.  If an owner fails to pay the civil penalty, the department may issue an order directing that the owner cease and desist from further operation of the mobile home park until such time as the civil penalty is paid or pursue enforcement of the penalty in a court of competent jurisdiction.  Any action commenced by the department shall be brought in the county in which the department has its executive offices or in the county where the violation occurred.  A resident or tenant living in a mobile home park or renting a home in a mobile home park may institute an action in the appropriate court against a mobile home park owner to enforce this chapter.  In any action brought to enforce this chapter the prevailing party shall be awarded his or her reasonable attorneys' fees and costs.


    NEW SECTION.  Sec. 6.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


    NEW SECTION.  Sec. 7.  Sections 1 through 6 of this act shall constitute a new chapter in Title 18 RCW.


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